All posts by Phill Smith

assault

Legal Appeal For Getting Compensation For Assault And Battery (Part One)

Lawsuits allied with personal injury are not just limited for those injuries which are caused due to the careless acts or other party’s negligence. Instead, they are also applied for intentional acts like assault and battery, apart from misdemeanor or felony concerns which might be included. If you have been a victim of assault and battery act, then you have the rights to appeal for compensation for injuries caused. In few states, punitive damages are also included, specifically if it could be proven that delinquent acted with spite and purposefully to hurt the victim.

 

What’s the factual difference amid Assault and battery?

 

These two terminologies can come either together or individually. But, it is vital to know that these two are distinct offenses. Typically, any intentional act or menace to harm or to cause damage to another individual, wherein the victim has several reasons to fright for his security or safety is defined as assault. An individual can sue for this even if there is no direct or actual contact involved and also when there truly was no actual capability to wreak injury, for instance, a person trying to scare you using a realistic-looking toy gun can be considered. Albeit, the laws covering battery and assault differ greatly from a state to another, however for most of the states the risk of harm would be sufficient.

 

On the other hand, battery involves actual contact. This simply signifies the person being sued had factually struck or touched you when trying to harm you. This involves harmful or offensive contact by offender wherein the harm could be either of the following;

 

  • Direct and immediate –It involves if the offender directly tends to cause injuries such as punching or hitting the victim in the face.
  • Indirect and immediate –It involves if the offender might not directly involved in causing harm however was the source of intentional or offensive contact; such as throwing a rock or stone at someone.
  • Indirect and remote –This is the harm caused of the offender establish a trap that injures victim after some days.

 

Forms of assault and battery

 

  • Assault with deadly weapon – The offender utilizes dangerous weapon to harm or threaten. Viz: Knife, gun, baseball bat and more. It is usually regarded as the criminal act.
  • Assault and battery –This actually begins with the verbal threat and is followed by the use of physical power to damage. This is considered as a criminal act.
  • Aggravated battery –The injuries that sustained by a victim were produced due to the use of deadly weapon.
  • Domestic assault and the battery –This is the sort involving family members. Based on the damages sustained, this might be considered as a misdemeanor or as an offensive act.
  • Sexual assault and battery –The menace and actual utilization of force to perform sexual acts which are against the will of victim or without the consent of victim. It is regarded as a criminal act.

 

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About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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Legal Funding: A True Contingency

In the real time practice, the process of legal funding is really a true contingency. Most of the funding companies they report traditional loans rates over the default rates, it mainly due to the fact that, there are quite number of variables that are related to investing of funds in the litigation. Below are described with some of the reasons regarding why the concept of legal funding is quite far from certainty:

 

  1. Most of the litigant seeks towards legal funding immediately after the accident. Obviously investigating the accident case at the early stages of the accident is far better than at the later stages
  2. The case value is completely based on the injuries from which the victim is sustained. The legal funding companies they run the risk of investigation of the case mainly on the injuries caused by defendant that have been caused before to the accident and not by defendant itself
  3. The legal funders don’t typically have control over the case. The litigants can decide to settle the matter with small amount or may drop the claims due to different reasons. This is quite similar to that of the minority shareholder in any sort of small business. Minority shareholders is just like position that majority of the investors likes juts because of lack of control
  4. The legal funding companies are not the first to always get payment for a successful case. There are number of such cases wherein the litigant has senior claim holders along with them, they might be included in bankruptcy, and they might have child supports. The attorney fees has to be paid first prior to other costs
  5. In the same manner, a litigant who received legal funding may win the case but it doesn’t mean that they are not at all going to collect. It’s mainly because most of the litigation is based on the judgment proof which means that the litigant can’t collect their judgment which is due to the fact that litigant is bankrupt

 

Obviously, the legal funding process is considered to be very risky rather than other traditional money lenders. Fighting for legal claim is considered to make sense only the litigant party thinks that there are every chances of winning. The defendant’s invest their real money in thinking that the contingency is of real.It also means that, if there was not at all any risk involved in litigant losing, then the defendant’s would have never wasted their time on the legal fees of the attorneys or else they would have simply settled the case as fast as possible.

 

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About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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Proposals To Legal Funding Modifications

There are many ways with which a legal funding might be improved or made much better for consumers, and most of the desired parties are proposing several vital ways to accomplish it. Certainly, many of the interested parties are very much interested in themselves than that of consumers. Here we have considered few of the proposals and have listed the associated cons as well as pros as we see them for consumers.

 

Proposal: Disclosures in the agreements of legal funding

 

Description: Companies of legal funding would make some disclosures and also can include certain provisions and terms in their funding agreements mainly with consumer plaintiffs. Generally, these proposals need a payment schedule on the very first page and a detailed explanation of the return rate, a right to withdraw or cancel the agreement within certain short grace period and also an acknowledgement from the attorney of plaintiff.

 

Pros: These proposals are already regarded as the industry’s best practices and they are most commonly available in agreements of legal funding. These vital provisions aid consumers take informed decisions without encumbering the legal firms very much.

 

Cons: Not all of them agree upon which disclosures are very much imperative, or accurately how they must be conveyed. In case, if individual states needed their unique own blends, it might stifle competition and enhance funding costs.

 

Proposal: Ensure the attorney of plaintiff acknowledges funding agreement

 

Description: Legal Funding essentially is one among the few sorts of consumer financial type transactions wherein the individual obtaining the money will already have an attorney. Few tend to argue that attorneys must be needed to acknowledge which they read and explained agreement of legal funding to their clients before to allowing a client sign.

 

Pros: This particular proposal is already regarded as the legal funding industry best practice. The vital thing is that is protects consumers. Furthermore, funding companies also have an interest in assuring plaintiff’s attorney acknowledges their lien on specific case; as it facilitates them receive the payment in an event of a further dispute.  An attorney is required for acknowledging an agreement and thus, consumers are forced to cautiously consider legal funding agreements and moreover, they could ask their attorney for any further advice.

 

Cons: There are some attorneys who dislike this proposal. This is because that they fear that acknowledgement might be utilized to drag them into agreement dispute amid their client and legal funder. And few others dislike the additional work.

 

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About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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6-5-2014 2-08-21 PM

The Attorneys And The Law Firms

The interest of the attorneys in the legal funding case for the consumers or the clients may sometimes seem to be complicated. On the other hand, how important a legal life line funding can very much helpful to a consumer. By increasing the values of the claim, it helps both the litigant and the attorney. Even the attorneys are aware of the situation that, their clients will be very much in need for the money and as such they are ready to pay for the taxes instead of waiting for the complete case hearings.

 

In the Name of Consumer Protection

 

On the contrary, there are number of attorneys who doesn’t like about legal funding. The main reason why some of the attorneys don’t like about legal funding is it requires lots of hard work to be done. Before the clients gets their fund amount they need to speak with the legal funding companies and answer to all the question of the legal funding companies and provide all the necessary documents which consumes more amount of time. When the case settles their clients ends up with small amount of money once after the legal funding company is paid for them. Though most of the clients receives amount from funder but they forget about the amount provided by the legal funding company and they take consider only the amount that they get at the time of settlement.

 

The legal funding plays a central role in majority of the attorneys practice. And 911 Lawsuit Loans is a leader in the lawsuit funding industry.  The American bar association and other state bar association have stayed in the fight regarding legal funding and those usury companies.

 

Stay The Fight

 

Attorneys are mainly there for the work which is related to litigant injury and accident case and not for any sort of other legal matters which includes guiding the litigants through the process of legal funding agreement. Some of the attorneys, they directly doesn’t advise the clients about the transactions that need to done because majority of the attorneys finds the transaction to be very time consuming and certain time they also worry about their part of liability. But still the attorney’s takes active participation and expand their duties and helps the clients too clearly about the rules and regulations about the legal funding companies and to provide best out of it for the clients.

 

How 911 Lawsuit Loans can Help You When You Really Need Us

 

The concept of consumer legal funding is one and only type of the consumer financial transaction wherein each and every individual seeking financial help is already represented by the attorney. 911 Lawsuit Loans knows that those suffering injury and then cash problems rarely have any alternatives, so that’s why we help you.Hiring of attorneys has positive effect on the consumers as the attorneys thoroughly go through every instruction of the lawsuit before the transaction is completed. If the attorneys wish they can even play a greater substantial role.

 

Call Us Today 866-WE-FUND-U / 866.933.8638

 

About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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Your Attorney is Important for Your Lawsuit Loan

In case you wish to get lawsuit loan, you need an attorney who will work on your lawsuit case. The attorney needs to provide the details of your lawsuit case as well as all the required documents in order to review the case. When you are looking for getting financial assistance, the attorney plays an important role. We need to be provided the details by the attorney, so that you need to have one.

 

Prior to being able to proceed with your financial funding approval, we need to discuss the details with your attorney. During the entire process of your lawsuit case, we will be directly working with your attorney. In case we need any documents in order to review your case, we may also ask the attorney for the necessary documents. This way, we can decide upon the pre-arrangement amount that we can offer you. This money is given with the purpose that you can afford to pay any expenses you have.

 

Our main goal is that of simplifying and speeding up the process, as we know how long a lawsuit case may be. During the time that takes for your lawsuit to settle, you might find difficulties when trying to keep on date with your bills and expenses. While many people wait until it is too late before searching for help, it is recommended that you get the pre-agreement funding as fast as possible. This will help you not to get to close to bankruptcy or in the risk of losing your house.

 

Attorneys are quite busy persons, so that yours may find in the situation of not being able to provide us with the details of your case. We are striving to get all the required documents in order to be able to contact you within 24 hours. It is imperative that we work with an attorney who is cooperative and provides us with the necessary information so that we can proceed. We are all looking forward for the easiest and fastest service provided by the companies we collaborate with. We wish to make this without any hassle for you and make it convenient for you in the end. For this, you need to ensure that you work with an attorney who you can trust and who will make everything possible to help you. After your case is solved and you win, we will get the agreed settlement amount that we have agreed when we discussed the lawsuit funding. We will get this amount paid by your attorney. In case you lose the case, you don’t pay us anything.

 

Call Us Today 866-WE-FUND-U / 866.933.8638

 

About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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proposals

Proposals To Modify Legal Funding

The following lists few of the proposals to change legal funding and the associated pros and cons


Proposal: Bonds and registration

Description: Prior a legal funding firm could function in the state, it is vital to get register with the state agency. The proposed registration thus, typically needs an imperative fees, lengthy application, and posting very large bond.

 

Pros: Registration averts less reliable and reputable firms from functioning legally within the state and this in turn aids to make sure companies which are operating certainly comply with good practices.

 

Cons: Registration tends to function as the great barrier to entry and limiting the competition within the state. Albeit, the registration fees generally are not that significant and the legal fees required in preparing the registration could be specifically in states requiring lengthy disclosure statements from officers as well as directors of the company or in-depth reports on the firm’s activities over the previous year. Furthermore the bond needed in these states is usually cost-prohibitive for most of the boutique funding firms. Due to this, there surely would be less competition and this signifies that the legal funding firms will have the ability to charge expensive rates.

 

Proposal: Return caps

 

Description: Return caps legal funding rates could be capped efficiently in two main ways: Making maximum annual return rate or creating the cut-off date that rates of return that could no longer be charged. The most commonly utilized way is the former one; it is an effort control legal funding from out of existence, while the latter is less harmful to companies (however they might avert funding for cases which are slated to last a great amount of time). These return caps could indirectly be set simply by categorizing legal funding as the type of consumer lending and thereby making it as the subject to the existing usury laws of state. Look here to see why we are highly confident that legal funding is not just a lawsuit loan, indeed it is an investment.

 

Pros: There is an innate plea to putting restrictions on how much the consumer could be charged. However, it seems as the simplest way of assuring consumers do not really end up owning huge amounts.

 

Cons: Legal funding is definitely a costly and risky investment to make in. Lawsuits are tough assets to precisely price and firms of legal funding accept the threat of lawsuit’s failure. You can click here to know several other reasons which make legal funding expensive. To be in a business, the legal funding firms desire to charge higher returns than that of normal loans and if in case the cap is not set high, then they would just avert functioning in that state.

 

Do you want a lawsuit loan?  Care to know more?  Then fill out the online form or call us today:

 

Call Us Today 866-WE-FUND-U / 866.933.8638

 

About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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Things to Know About Lawsuit Loans

In simple words, a Lawsuit Loan can be stated as the financial transaction with certain special elements which make it completely different from other more common sorts of financial transactions, such as advances on your car loans or credit card.

 

Legal funding actually is not just a lawsuit loan, albeit there are few similarities though. With both the types you might certainly get money today in exchange for remunerating bit more money later. This is the reason why few people wrongly refer to legal funding as the lawsuit loan. However, the legal funding is factually an advance or sale. A plaintiff in legal funding sells the stake in their lawsuit outcome. Suppose, if plaintiff wins, then legal funding firm gets their procurement price back along with the rate of return that usually goes up efficiently over time. If you tend to lose your lawsuit, then you would owe nothing and even the legal funder would lose their investment. Sometimes legal funding is referred to as the non-recourse investment. This signifies that you do not need to pay it back even if you lose. Whereas with the loan, you need to pay back principal amount with the interest as well. Seldom, instead of return rate, the legal funding firms will obtain the percentage of the final court settlement or award. However this is very rare especially in personal injury cases.

 

Almost in many of the financial transactions such as obtaining a home mortgage or car loan, the consumer is the one doing the purchasing task. While in plaintiff personal injury type of legal funding, the consumer factually is the selling party. Consumers are those selling an interest in lawsuit. Due to the fact that consumers oftentimes have certain special legal safeties, few of the states control legal funding in similar manner which they do mortgages and car loans. In such states, it can be highly impossible or tougher because of the over regulation for getting legal funding. Those states include Tennessee, North Carolina, Alabama, and Colorado.

 

Legal funders often search for those lawsuits with excellent probabilities of winning the incentives or monetary awards. They do not fund perky claims or only declarative lawsuits. In addition to this, there are mainly three kinds of common personal injury lawsuits which are harder to obtain legal funding: Wrongful death, workers compensation and those lawsuits wherein a minor is victim. Here is why:

 

Wrongful Death

 

Wrongful death claims have several complications which make it difficult for legal funders to invest in. Lawfully, wrongful death lawsuits are similar like other personal injury lawsuit. However the beneficiaries would be different, instead of a plaintiff it is the beneficiaries of deceased plaintiffs would be. Guessing out an estate could be very much complex and the funders often are not ready to get involved in these situations unless and until it is greatly clear who the estate administrator is and who are the beneficiaries. Also, they probably would need these parties to sign funding agreement so that they are well-protected.

 

Workers Compensation

 

In many states, the legal funders will not offer money to the plaintiff who involved in the worker’s compensation claim. In such states, the worker’s compensation board would distribute the rewards to the plaintiff directly. In several other lawsuits, the court settlement or award goes to attorneys of plaintiff at first. Legal funding firms rely mainly on attorney to be as the mediator to aid ensures they get paid. If plaintiff was liable for paying legal funder after they got paid themselves, it might pose risks to funder which the plaintiff would delay or overlook paying.

 

Lawsuits Where Plaintiff is Minor

 

As with wrongful deaths, the funders often are unwilling to fund the lawsuits which involve children as the plaintiffs as these will be more complicated. However, it is not yet clear who has that authority to use on a child’s behalf for seeking legal funding. Nevertheless, of who takes the decision, it is the court that has to override, and review any agreement which something legal funders are not interested in determining.

 

It is said that, legal funding firms would procure structured settlements which come in the form of minor’s lawsuit, once minor becomes an adult. In such situation, minor is usually entitled to sequence of semi-annual or annual payments once he becomes 18. Based on the structured settlement type, he must sell those payments that too in exchange for about one lump sum. In addition, oftentimes guardians or parents must have consortium claims. This lets the parents to sue if their child is hurt, as it costs money to take care of them.

 

Call Us Today 866-WE-FUND-U / 866.933.8638

 

About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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Advantages And Disadvantages Of Legal Funding

The process of legal funding always doesn’t work for litigants. In certain situation they take certain longer period of time than the expected ones but they end up giving huge amount of legal finance to the user. There are number of examples wherein the litigants have won the settlements or even have become the legal funder as awarded by the court.

 

Pros and cons

 

Pro: One of the major advantages of legal funding is that the repayment of the finance is quite clear meaning the litigant need not have to pay for the legal funding companies even if they lose the case also. In the traditional method of paying back the loan amount, it forces the people to sell all their assets and go bankruptcy. In such cases, the legal funding company will not be having any other alternative and as such the litigants need to wait till them their case is successfully completed.

 

Con: In certain cases, the legal funding companies will not be paid back. They charge you quite more than you expected and also based on their risk taking. Some of the legal funding company will charge you with the higher rate return, in some cases they provide 100% rate of return. The entire process of legal funding is very expensive and as such it is advised for the persons to make use of the legal funds as a last option. But if you still want to make use of it, use it to a slight extent but never make use of the legal funding option juts for the reason that you can’t wait for the proceeding as you need to move on for a vacation.

 

Pro: Legal funders will not conduct credit checks. If you are having low or no credit, then the legal funding might be the only best option to consider if you desire cash when a lawsuit is enduring.

Pro: Legal funding in the lengthy lawsuit, aids a plaintiff to say no to low or unfair settlement offers. The risk involved in legal funding factually oftentimes forces insurance firms to re-evaluate their offers, knowing the fact that plaintiff has several other options.

 

Pro: A plaintiff utilizing legal funding does not have to make payments if the lawsuit is yet pending. The plaintiff must only pay to the legal funder if the lawsuits settle or when the plaintiff wins the court award.

 

Call Us Today 866-WE-FUND-U / 866.933.8638

 

About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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Using Lawsuit Loans For A Personal Injury Suit

Generally, a personal injury lawsuit might take a long time. You as a plaintiff in personal injury lawsuit, cannot be able to work, might necessitate money for rent, medical bills or car payments and might not have time to wait till the lawsuit is completed in order to collect your money. In such case, legal funding can be helpful. Legal funding is the special sort of investment which offers you significant options beyond more traditional sorts of finance.

 

Insurance firms and defense attorneys know that plaintiffs cannot wait for a long time for an award or settlement. Thus, they might deliberately delay the process to attain an upper hand in settling the negotiations. The key strategy that the defense attorneys usually utilize is making low offers, knowing the fact that the cash-strapped plaintiff would have to agree and say yes so that they could meet certain basic needs. However, even if the defense is not thinking tactically like that, yet there is several good numbers of reasons why lawsuits will take much time to resolve. For instance, the defense attorney typically cannot tend to make settlement offer till you complete your medical treatments or any other facts that comes in your lawsuit.

 

Legal funding provides you another beneficial option, albeit at relatively high price. Taking the decision is difficult for sure and must be made with extra care. You need to consult your financial advisor or attorney when considering options. The following lists few of the key considerations which most of the plaintiffs think about while deciding the best path for them.

 

1. Are there any other sorts of options, if so which are preferably better?

 

Regrettably, there are only few options to force an insurance company or defendant to act swiftly; though it is crystal clear you would win eventually. Mishaps often leave people with some or other problems such as unable to work or property damages or medical bills which need to be paid and more. Prior legal funding, these people factually did not have any beneficial options to aid them to pay their bills.

 

But, as legal funding is expensive, it must only be utilized after thoughtful consideration. Loans from banks, or friends, taking advances from employers, or maxing out your credit cards are often inexpensive when compared to that of legal funding.

 

If you desire money to avert catastrophic events in life, then a lawsuit loan is the only best option for you as lawsuit loan provider specialize greatly in investing in asset, which is your lawsuit. The fact is that legal funding industry has evolved greatly to meet this requirement.

 

2. Can I get more money in the end, by utilizing legal funding?

 

This is one among the most vital queries which you have to ask yourself prior you decide on taking legal funding. If you are considering legal funding or any other financial transaction, it is significant to know about its benefits as well as expected costs. Albeit, legal funding is very much expensive, its expense oftentimes pales in comparison to the money which you get from the insurance firms or defendant. Most of the plaintiffs have to pay back efficiently their lawsuit loans over thousands of dollars; however they end up in getting hundreds of thousands of dollars extra from defendant just by waiting for few extra months that they might have without utilizing legal funding. In contrast, there are some instances of plaintiffs paying all of their settlement to legal funders if they have extremely high expectations for what factually their case was worth!

 

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About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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Lawsuit Loans and Cash Advance, Procedure And Tips

In the case if you are looking for the right place where you can get a proper advice on your current lawsuit, then you are at the right place. When an individual is in a court case, they may face a lengthy process. A court case can take several months, and these months can convert into years before the victim is rewarded with the proper amount of compensation. In many cases, the person who is fighting the case for many years, do not have sufficient amount to spend enough money on their court cases, in such scenarios, they may take advice or may contact the company that provides them an amount of cash in advance for their lawsuits. This advance of money is available easily until the victim has settled with their lawsuit.

 

These claims can be even made on the occasion, when a person is injured, due to the negligence of the owner of the property. Usually, the lawyer of the victim applies for this claim.

 

During this entire court case procedure, the entire amount that has been decided by the lawyer of the victim can be settled between both the parties. Under this kind of settlement, all the expenses incurred by the victim should be included, other than this, they can also involve the mental trauma that has made a victim, or the entire family member suffers. In a case, if the defendant devalues the entire case, or they make fun of the case, they may face another lawsuit by the same victim. Yes, in such case, the victim can apply for another case, claiming that the defense party is devaluing his case.

 

Any lawsuit can take several months before the trial reached the final decision. At times, these months, can be converted into years. This entire thing can be a bit problematic, when the applicant is going out from the town or from the city for any other reason. In such cases, they have to bear all their medical expenses, other related transportation expenses. When anyone is applying for a court case cash, advance against their case, they can get monies with the help of which they can pay all these expenses. A person may get a court case advance in an opposite to the personal injury case. The advance taken for the lawsuit provides them to meet all the future expenses.

 

When you are applying to any the lawsuit money in advance with the most promising company, 911 Lawsuit Loans you will easily get the non-recourse loan.  This type of loan is very much similar to the getting the personal injury lawyer. In this type of loan, you will not have to pay the loan amount after, you have lost the case, and in any case if you have won the case, you will have to pay back the amount of the advance.

 

The individuals that are in the need of money, to pay their bills or other expenses that are related with their court case, use this advance in the lawsuit. These payments can be used to clear all your debts that incurred due to the accident. It includes anything or everything that is damaged in that particular accident. When an individual is involved in any litigation process, they may think of accepting the first offer that is coming from the defense. In such situations, victims make the most common mistakes are by taking small amount of money from the defense party, but the actual amount, which they could have won with the help of a lawsuit, is much more than that.

 

The main factors that can which can help you in getting a plenty amount of money against any case are as follows:

 

  • When the case is strong enough, that you can spend your time and money on it?
  • How serious all the injuries from the accident are?
  • Did you have any advance from the company?
  • When did that accident occur?
  • How much money are you expecting?
  • What does your medical report say?
  • Was it a serious accident?
  • Is your lawyer charging anything as his fee?

 

Call Us Today 866-WE-FUND-U / 866.933.8638

 

About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.
Author:Mike Smith
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